labor lawAdivision of labor law center

Already in 2009, the U.S. Department of Labor has implemented the most sweeping changes to the FMLA or federal Family and Medical Leave Act in its 15-year history.

These changes went into effect on January 16, 2009. The complete changes are complex, but here is the crucial information that employers need to know.

Required and Optional Paperwork

First, and perhaps most importantly, employers are required to give a Notice of Eligibility to any employee when it is believed that the employee may have an FMLA-qualifying absence. The employee does not have to request FMLA or mention the words FMLA. It is the employer’s duty to make the employee aware of available unpaid leave by giving the employee this notice without being asked.

The new rules change notice and certification requirements under FMLA. The new regulations attempt to clarify communications and information collection between the employer and employee by introducing two new optional medical certification forms. (more…)